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Home My WebLink AboutOrdinance 5632Doc ID: 015491160003 Type: REL Kind: ORDINANCE Recorded: 11/18/2013 at 10:12:41 AM Fee Amt: $25.00 Pepe 1 Of 3 Washington County, AR Kyle Sylvester Circuit Clerk F1102013-00038333 ORDINANCE NO.5632 AN ORDINANCE APPROVING VAC 13-4501 SUBMITTED BY ERIC HELLER FOR PROPERTY LOCATED AT 3466 EAST JASPER LANE, TO VACATE A PORTION OF A DRAINAGE EASEMENT, A TOTAL OF 750 SQUARE FEET. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted drainage easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described drainage easement in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the Condition of Approval and shall not be in effect until the condition is met. "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this 5' day of November, 2013. APPROVED: By �--� I NEL O N, Mayor ATTEST: By: 2" fi SONDRA E. SMITH, City Clerk/Treas \wY, 4 :1Av 71iVU_1 _ `mot{• y�hi' I7. `�. EXHIBIT "B" VAC 13-4501 A PART OF LOT FOURTEEN (14) OF THE COPPER CREEK SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS S89042'42"E 20.00 FEET AND S00017'18"W 15.0 FEET FROM THE NORTHWEST CORNER OF SAID LOT FOURTEEN (14); THENCE S89°42'42"E 50.0' FEET; THENCE S00017'18"W 15.0 FEET; THENCE N89°42'42"W 50.0 FEET; THENCE N00°17'18"E 15.0 FEET TO THE POINT OF BEGINNING; CONTAINING 750.0 SQ FT, MORE OR LESS. Washington County, AR I certify this instrument was filed on 11/18/2013 10:12:41 AM and recorded in Real Estate File Number 2013-00038333 Kyle 5ylvest - Ircuit Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/5/2013 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department 13-4501: Vacation (3466 E. JASPER LN./KINNEY, 061): Submitted by ERIC HELLER for property located at EAST JASPER LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE ins approximately 0.32 acres. The request is to vacate a portion of a drainage easement on property. Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached = `-LA C-�, . LJ, Finance and Internal Services Director Program Category / Project Name Program / Project Category Name Fund Name 0-n-Ion Previous Ordinance or Resolution # Date Original Contract Date: 10 rl�S ' 13 Original Contract Number: Date 10-t8-z01� Date Received in City Clerk's Office Date EAI A l pct s� te3 Received in V Mayor's Office Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE RK CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: October 17, 2013 Subject: VAC 13-4501 (3466 JASPER LANE/KINNEY) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate a portion of a drainage easement on the subject property. The property is located at 3466 E. Jasper Lane in the Copper Creek Subdivision. The property is developed with a single-family residence. There are two separate easements between the home and the north property line; a 15 foot drainage easement and then a 15 foot general utility easement. The applicant's request is to vacate a portion of the existing 15 foot drainage easement. On October 14, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 13-4501 SUBMITTED BY ERIC HELLER FOR PROPERTY LOCATED AT 3466 EAST JASPER LANE, TO VACATE A PORTION OF A DRAINAGE EASEMENT, A TOTAL OF 750 SQUARE FEET. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted drainage easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described drainage easement in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and ��rded in the Deed Records of the County. Section 3: That this vacation approval is subject to the Condition of Approval and *dl not be in effect until the condition is met. "Any relocation of existing utilities shall be at the owner/developer's expense.,, PASSED and APPROVED this day of 2013. ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer in - , RUNNING SPRINGS ». e !»w — \k 9 - \\ / @ice 2 2 2 2 33 §( @ e e @ e e st \ - ;; \�- - } (} \\){ \)\\ _ ql \/ EXHIBIT "B" VAC 13-4501 A PART OF LOT FOURTEEN (14) OF THE COPPER CREEK SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS S89042'42"E 20.00 FEET AND S00017'18"W 15.0 FEET FROM THE NORTHWEST CORNER OF SAID LOT FOURTEEN (14); THENCE S89042'42"E 50.0' FEET; THENCE S00017'18"W 15.0 FEET; THENCE N89042'42"W 50.0 FEET; THENCE N00°17'18"E 15.0 FEET TO THE POINT OF BEGINNING; CONTAINING 750.0 SQ FT, MORE OR LESS. October 9, 2013 City of Fayetteville Planning Commision 125 West Mountain Street Fayetteville, Arkansas 72701 RE: 3466 Jasper Ln Drainage Easement Vacation To whom it may concern, Jacqueline & Reginald Kinney as owners of Lot 14 of Copper Creek Subdivision located at 3466 Jasper Ln. would like to vacate a 15' x 50' drainage easement. The reason for this vacating is to create a small tool shed for storage. Reasoning for approval are 1. This meets all current building setback regulations 2. As a drainage easement this would affect storm water runoff, the vacating of this easement affects no adjacent owners in any harmful way. As we are a corner lot at the crest of a knoll. We so no reasons to not allow us to vacate this easement. Thank you for your consideration, Jacqueline & Reginald Kinney PETITION TO VACATE 15' x 24' DRAINAGE EASEMENT LOCATED ON LOT 14 OF THE COPPER CREEK SUBDIVISION, IN THECITY OF FAYETTEVILLE,ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council FROM: Kinney, Reginald & Jacqueline, current owners & residents of Lot 14 of Copper Creek Subdivision. We, the undersigned, being all the owners of the real estate herein after seek to abandon and vacate a portion of an existing 15 foot wide drainage easement located within Lot 14 of the Copper Creek Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said drainage easement is described as follows: 15' X 23.6' DRAINAGE EASEMENT VACATION A PART OF LOT FOURTEEN (14) OF THE COPPER CREEK SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS S89042'42"E 20.00 FEET AND S0001711811W 15.0 FEET FROM THE NORTHWEST CORNER OF SAID LOT FOURTEEN (14); THENCE S89142'42"E 23.60 FEET; THENCE S00°17'18"W 15.0 FEET; THENCE N89042'42"E 23.60 FEET; THENCE N00017'18"E 15.0 FEET TO THE POINT OF BEGINNING; CONTAINING 354.0 SQ FT, MORE OR LESS. Reasons for vacating is to add an addition to our current garage, listed below are our reasons for acceptance. 1. Doesn't affect any adjacent lots 2. The lot is in a unique location at the top of a hill, @ the Northeast corner of an intersection so there is no water draining through the vacated area. Please see attached map. 3. The remaining 20' utility easement is still greater than the current RSF-4 ZONING regulations. That the abutting real estate affected by said abandonment of said City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described drainage easement. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate. OWNERS DATE DATE 15 X 50.0 FEET DRAINAGE EASEMENT VACATION A PART OF LOT FOURTEEN (14) OF THE COPPER CREEK SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS S89042'42"E 20.00 FEET AND S00017'18"W 15.0 FEET FROM THE NORTHWEST CORNER OF SAID LOT FOURTEEN (14); THENCE S89042'42"E 50.0' FEET; THENCE S00017'18"W 15.0 FEET; THENCE N89°42'42"W 50.0 FEET; THENCE N00017'18"E 15.0 FEET TO THE POINT OF BEGINNING; CONTAINING 750.0 SQ FT, MORE OR LESS. IIIM. rr : 2 RUNNING SPRINGS DR., 6 -50'894 OF WAY - ��\��\�� - �§ 9 @ a e a s 89'42'42' E - 1321.45' MADBNL nnm Doer uetleMEs 2, py MEADVA ----- ------ Oa 4!&-- - �- - ---__ ___ -- 90.IX 24 Rfi' 1 ¢ 15 DR.E __ • W 15' OR.E. 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A1DDa i $I: niw(�..M A t)2.14 WI -.-_ -� O.Ep ,.� 'sa:1i ••... ._....ao.uu'.... .......— ..... >.: ---�20' 4H.25 I9. !�. nrpP _ IUW79 OE A W ... RLDIXNG� I O s 'RF` S 56'V E i . 99aP xaEr 23' SS L .w _ 23' HSL .. 5 s2s1tDR• F i \; _ .. ....._....._.... t • � � � l � I UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: mil'— 2-7_ / 3 UTILITY APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): I/'— Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: • / ,Flo objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature o tility �ryCompany RepresennyA ve d�..'{Le. Try-, . % Jiag4k? Title VAC 13-4501 KI N N EY Close Up View SUBJECT PROPERTY c � JASPER LN rn z Z R5FO � a z z z z Legend •••... ••••••• Multi -Use Trail (Existing) ......... Future Trails Fayetteville City Limits kUWPAC13-4501 ® Footprints 2010 - Hillside -Hilltop Ov rlay District E _! Design Overlay Di trict Design Overlay Di trict 0 37,5 75 150 225 300 ------ Planning Area Feet NORTHWEST ARKANSAS DEMOCRAT WETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NEWSPME16LLC EST ARKANSAS TIMES B NOTONHCOUNTY DAIL REECORD 212 NORTH EASTAVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5632 Was inserted in the Regular Editions on: November 14, 2013 Publication Charges: $ 116.73 Holl Andrews Subscribed and sworn to before me This 549 day of A✓ 2013. Notary Public _ j ��t� My Commission Expires: ' O * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. RECE., NOV 2 6 2013 CITY OF FAYL, , c ti iLLE CITY CLERK'S OFFICE ORDINANCE N0. 5632; AN ORDINANCE APPROVING VAC 13- , 4501 SUBMITTED BY ERIC HELLER FOR . r PROPERTY LOCATED `AT 346GI EAST JASPER LANE, AS VACATE A PORTION OF � , k%nsAY_ A DRAINAGE EASEMENT, A TOTAL OF 750 SQUARE FEET. "E4' . WHEREAS, the City,Council has the wing ty under 1 -`4 o vacate public grounds or Portions thereof whiohare no; roc purposes and � � r- WNEREAS,theTiry.Coundl has determined that tfdlawi dbed poe fi�On`�of the PletteddiainTage`*easemenYIs not requlred,for NpW; THEREFM--„OE R ORDAINED BY"IHE CITY,-COUNCIL`O,F"fHE G QF F/kYETTEW AMRKAby NSA8: a�'`� -.. tfan 1-Tl1at?M1heSNty CouncrLof'Me chy�f Fayeag�4l�e �rk?neas re6 vacates and abandons the following'dsscdbed.d'relnage saseinenf in�Wi It B (attisched)-t, , 3ectlon 2 That a copy of this Ordinsnce duly certified by the Clly Clerk along whh'the map attacheQ and labeletl Exhibit A sJtall,ge iled�ips y4f�y�of the Recorderyof Cou�tyFarnrd recordedin the Deed'Records W the Cou My.. Sectlori �J 'that this'''vaacadon"eP`Plsaub]ertitotha Gdnd'aion;d„f APProval and shall not be in effect until the wridition is met,, sGP1A , e Any nelocailon of exlrtdtla shall be at the 6whUr/da'3'tild r'srexp%nse" _p Pat 14 rt� 2„ Y _yxf,s fu m PASSED and /1PPROVER this Sth:day of November, 2013 s APPROVED ATTEST. VW {; r ,� s r3y L�lOj1P-AM J0RDj'N {ylayor -, SONDRA E. SMRN City C)erWTreasurer A d Exhiti{ts for this orpiPegce eYr 'viewed in the offlea of The City, Clerk/ m -TreaSerer.